If Appeal u/s 29 of DV Act is dismissed by Session Court?

[Udar Ojha]

Hello,

If an appeal under section 29 of DV Act is dismissed by a Session Court then what are the legal remedies left with the Applicant? Can he file for review of the order of the Session Judge at the District Judge? Or only option left is to file for appeal at High Court u/s 397/401 Crpc? Or is there any more remedy? Please let me know.

Thanks.

[Dr. Ashok Dhamija]

You may have to file a revision application under Section 397/401 of the Criminal Procedure Code before the high court against the order of the Sessions Court under Section 29 of the Protection of Women from Domestic Violence Act [see, Full Bench decision of the Allahabad high court in Criminal Revision No. 582 of 2016 (Dinesh Kumar Yadav v. State of U.P.) decided on 27 October 2016]. Under the Cr.P.C., the Sessions Court does not have the power to review its own order except to correct a clerical or arithmetical error.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Udar Ojha]

Thank you Sir, Kindly let me know the time limitation of filing application u/s 397/401 of CrPC from the date of order of the Session Court?

[Dr. Ashok Dhamija]

Limitation period to file a revision application before the high court against an order of the Sessions Court is 90 days.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Udar Ojha]

Thank you very much Sir, Your help is highly appreciated.

[Author]

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